JANARDAN MALL Vs. STATE OF U P

JUDGEMENT

(1.) By an order dated 12th March. 1979 petitioner was promoted to the post of lecturer in Psychology on ad hoc basis In the pay scale of Rs. 300-550 ; but in the said order, it was specified that according to the Government Order, petitioner, whose name figuring at Serial No. 4 would be paid the scale of L.T. grade teacher. This order Annexure-I to the writ petition has since been challenged by Mr. A. N. Tripathi. According to him, in Government Order dated 10.3.1971 by clause (4) it was specified that only those persons having the post-graduate degree in the subject, which they are teaching would be entitled to the lecturer grade and all others shall be entitled to L.T. grade though teaching classes XI and XII. According to him, this clause conflicts with the qualifications prescribed in the regulation framed under the U. P. Intermediate Education Act, 1921. Sl. No. 19 prescribes the qualifications of the teachers for Intermediate, either M.A. (Psychology) or M.Ed. Therefore, according to him, the statutory regulation cannot be superseded by Administrative Circular, namely, Government Order dated 10.3.1971, which is contained as Annexure-I. Hence, according to him, the said clause (4) should be quashed.

(2.) Learned standing counsel, on the other hand, contends that the U. P. Intermediate Education Act and the Regulations framed thereunder prescribed that by Government Order circular can be issued which is as much binding and, therefore, in case of such conflict the Government Order will prevail.

(3.) I have heard both the learned counsel for the parties at length.